Hawaiʻi AG joins push to uphold Medicaid patients’ right to choose providers

Hawaiʻi Attorney General Anne Lopez has joined 16 other attorneys general in urging the US Supreme Court to uphold Medicaid recipients’ right to choose their healthcare providers, including Planned Parenthood.

The coalition filed an amicus brief supporting a lower court’s ruling that blocked South Carolina’s attempt to remove abortion providers from its Medicaid program. The case stems from a 2018 executive order by South Carolina Gov. Henry McMaster directing the state’s Medicaid agency to exclude organizations that provide abortion services. A Medicaid recipient challenged the order, and federal courts ruled in favor of protecting patients’ ability to select qualified providers. The Supreme Court is set to hear the case on April 2.

“The Medicaid program has a ‘free choice of provider’ provision that guarantees beneficiaries the right to see any qualified provider of their choice,” said Lopez in a news release Wednesday. “This means no one can deny them the freedom to choose a healthcare provider they feel best suits their medical needs.”

The attorneys general argue that while states have flexibility in administering Medicaid, federal law protects patients from restrictions that could limit access to necessary healthcare services, including cancer screenings, birth control and STI treatment. The brief contends that South Carolina’s actions highlight why Congress established safeguards to prevent state interference in patient-provider choices.

“This case is politics at its worst and never should have been taken up by the US Supreme Court,” said Paige Johnson, interim CEO and president, Planned Parenthood South Atlantic. “Anti-abortion politicians are so intent on attacking Planned Parenthood health centers that they want to block people enrolled in Medicaid from getting essential health care like cancer screenings, birth control, STI testing and treatment, and more. Make no mistake: every person should be able to access health care from a provider they trust — no matter their income or insurance status.”

Attorneys general from California, Colorado, Delaware, the District of Columbia, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island and Washington joined Lopez in filing the brief.